CBP Seattle Sends Out Updated Guidance for West Coast Port Disruptions
CBP's Port of Seattle office provided additional guidance for industry on how to deal with port disruptions related to labor contract disputes on the West Coast. The Nov. 19 trade information notice largely reflects the updates from a July CSMS message (here). CBP updated a June 24 guidance (see 14062423) to include more details on how to handle shipments of FDA-regulated products. It also gives information for customs brokers whose shipments have been diverted to another district where the broker is unpermitted, updates procedures for cargo diverted to another West Coast port, and says part of CBP’s plan is to “provide front-of-the-line benefits and priority processing to partners in the Customs-Trade Partnership Against Terrorism (C-TPAT) program.”
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Temporary Broker Permitting Procedures for Diverted Cargo
The guidance says “customs brokers permitted in a district from which cargo is diverted due to West Coast trade disruptions and who have cargo diverted for entry to another district in which they are not permitted, may obtain a temporary district permit in advance that lasts until the West Coast trade disruption concludes" by contacting the Broker Management Officer at the port of entry. The required fee will be waived, says CBP.
Clarification of FDA Procedures
For FDA-regulated shipments, the updated guidance clarifies that for cargo diverted for another U.S. or foreign port and not discharged, or cargo on a vessel that rests at anchor and is not diverted, a new FDA Prior Notice will not be required only “if the Prior Notice confirmation number (PN#) has not expired (15 days for PNSI generated PN#s and 30 days for ABI/ACS generated PN#s).” The guidance had previously only said that a new Prior Notice wouldn’t be required.
For shipments that are diverted to another U.S. or foreign port and discharged, the updated guidance now says that “filers may request entry cancellations in lieu of entry deletions. Whether the filer requests entry cancellation or entry deletion, for merchandise subject to FDA requirements, a new entry number and a new FDA prior notice submission is required if the cargo subsequently enters the U.S.” It also says that any FDA message requiring examination should prompt coordination with FDA to determine the exam location.
Updated Guidance for Shipments Diverted to Another West Coast Port
The update also adds new guidance for cargo on vessels diverted to another West Coast port and discharged. As CBP had said previously, filers in that situation may either change pre-filed entries to reflect the actual port of discharge, or move the goods in-bond to the original intended port. If the filer chooses the former and changes the entries, the guidance now outlines the following procedures:
- Manifest and bill information should be updated to reflect the port code where the freight will actually be discharged.
- No change is needed to the ISF. However, ISF filers should monitor the ISF disposition codes to ensure that any changes to the manifest and bill information did not cause the original bill match to drop.
- All pre-filed entries filed against the original bills should be deleted.
- Entry filers can submit a deletion list to the first intended U.S. port Cargo Coordinator or TIU notating “Strike”.
- Entries should be removed from the statement.
- New entries should be filed to reflect the actual port of entry.
- For shipments subject to FDA requirements, filers may request entry cancellations in lieu of entry deletions. Whether the filer requests entry cancellation or entry deletion, for merchandise subject to FDA requirements, a new entry number and a new FDA prior notice is required.
- When a shipment receives a message for merchandise requiring FDA examination, coordination with FDA must be made to determine the examination location. In some cases, FDA may grant a conditional release to allow the movement to an importer’s premises, provided the location is permitted by FDA.
Email ITTNews@warren-news.com for a copy of the notice.